penalty points

Introduction to Due Care Driving

Driving without due care and attention is one of the most commonly issued traffic offences in British Columbia. Found under section 144(1)(a) of the BC Motor Vehicle Act, this charge is intended to address situations where a driver’s behaviour falls below the standard of a reasonable and prudent driver, even if it doesn’t rise to the level of criminal dangerous driving. 

But what exactly does it mean, and what are the consequences if you’re found guilty?

The law requires every driver to operate their vehicle with the care and attention that a reasonable person would exercise under similar circumstances. This means being aware of your surroundings, adjusting to weather and road conditions, and avoiding distractions.

Examples of Careless Driving

Examples of driving without due care and attention can include using your phone while driving, failing to yield to another vehicle, making unsafe lane changes, or simply not paying enough attention to the road. Even a brief lapse—such as glancing at your GPS or adjusting your radio—can result in a ticket if it leads to unsafe driving.

To convict someone of this offence, the police and the court do not need to prove that the driver intended to be careless. Instead, the focus is on the actual manner of driving. If it’s shown that your conduct behind the wheel was not what a reasonable driver would do in the same situation, you can be found guilty. This makes the charge very broad and gives police significant discretion in issuing tickets.

What Are the Penalties?

The consequences of a conviction for driving without due care and attention are serious. The fine is typically $368, but it can be higher in some cases. In addition, you will receive six driver penalty points on your driving record. This can lead to significant increases in your insurance premiums and, if you accumulate too many points, a possible driving prohibition. If your actions result in an accident causing injury or death, the penalties can become even more severe.

Because of the broad nature of this offence and the serious consequences, it is important to understand your rights and options if you are charged. There are potential defences, such as demonstrating that you exercised due diligence or that the circumstances did not actually amount to a lack of due care. However, these cases can be complex and often require legal expertise.

If you have been charged with driving without due care and attention in British Columbia, you do not have to face it alone. Contact Acumen Law Corporation or lawyer Kyla Lee for experienced advice and representation to help protect your driving record and your future.